The NHS National Patient Safety Agency (NPSA) defines delayed diagnosis of cancer as when someone who has cancer is either:

Not investigated or referred for investigation, or, having been investigated, is not diagnosed at the time of investigation or is diagnosed incorrectly; or

Where a positive test result or diagnosis is not properly communicated to a healthcare professional who can act on the information; or

Where the information is not acted upon, meaning appropriate treatment is not commenced.

Other delays may occur if a patient does not recognise his cancer symptoms and therefore does not seek healthcare advice, or if the patient fails to attend an appointment for further investigations such as screening.

A delay in diagnosis of cancer may mean the required treatment is different, for example a patient may need chemotherapy as well as surgery, or perhaps a full mastectomy to treat breast cancer where a lumpectomy might have been sufficient with earlier detection.

Stronger, more toxic, medication or more invasive surgery may have a negative impact on a patient's quality of life, where a cancer has been allowed to advance. Late diagnoses also increase psychological distress for patients and their families.

A patient's chance of five-year survival may also have been reduced.

Harm arising from a delay can include:

Unnecessary pain and suffering

More invasive or prolonged treatment, including cases where chemotherapy or radiotherapy has become necessary as a result of the delay

Many patients have initially non-specific symptoms, and a conclusive diagnosis of cancer may require consultations with specialists and a number of tests. It may also be necessary to carry out a biopsy. These factors can all result in a delay in diagnosis.

The key issue when determining whether compensation can be claimed is whether or not a patient's care fell below a reasonable professional standard.

If, for example, a medical professional missed diagnostic signs and failed to refer a patient for tests that would have promptly revealed the cancer, that professional may be found to be negligent. If a clinic or lab fails to return test results promptly, or those results are mislabled, they may be negligent.

Your solicitor will address the issues of negligence and liability when they speak to you about your case.

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